JUDGMENT : J. NISHA BANU, J. Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the Award dated 20.03.2003 made in M.C.O.P. No. 417 of 2001 on the file of the Motor Accidents Claims Tribunal, (Additional District and Sessions Judge cum Fast Track Court No. III) Coimbatore. 1. This appeal has been filed by the legal heirs of the claimants praying for enhanced compensation. 2. The facts of the case in brief is as follows: (i) Originally, the claim petition seeking compensation of Rs. 50,00,000/- came to be filed by the victim of the accident viz. T. Thiagarajan, a Block Engineer by profession, for the injuries and disability sustained by him in a road accident on 25.07.1999. (ii) The averments in the petition is that when he was traveling as a pillion rider with one Siri Giri, who rode the motorcycle bearing Reg. No. TN-72-A0796 on Anthiyur Gobi road, near Goundenpudur, Anthiyur, the first respondent who was the driver of the LMV goods vehicle bearing Reg. No. TN-51-5766 belonging to the 2nd respondent, drove the same in a rash and negligent manner and dashed against the motorcycle. The said offending vehicle was insured with the 3rd respondent/Insurance Company. Due to the said impact, the claimant sustained multiple grievous injuries on his head, left thigh and all over the body. Immediately, he was taken to Gobichettipalayam Government Hospital for first aid treatment and thereafter, as per doctor's advise, he has taken treatment at Kovai Medical Centre Hospital and K.G. Hospital. (iii) The injured underwent treatment for the head injury, left arm and left thigh injuries. He was discharged from hospital on 26.08.1999 and was taking further treatment from 27.08.1999 to 22.12.1999 under a specialist of Neuro Physiotherapy and speech therapy. The claimant was again admitted as an inpatient and surgery was performed in the head in the same KG Hospital. On 13.01.2000 G.A. Cranioplasty was done in the head and also undergone therapy treatments. In this regard, the injured filed a claim petition in M.C.O.P. No. 417 of 2001, seeking compensation for a sum of Rs. 50,00,000/-. 3. The third respondent-Insurance Company filed counter before the Tribunal denying the negligence and liability aspects and also stated that the claim is excessive. 4. Before the Tribunal, the claimant examined himself as PW-1 and one Dr. In this regard, the injured filed a claim petition in M.C.O.P. No. 417 of 2001, seeking compensation for a sum of Rs. 50,00,000/-. 3. The third respondent-Insurance Company filed counter before the Tribunal denying the negligence and liability aspects and also stated that the claim is excessive. 4. Before the Tribunal, the claimant examined himself as PW-1 and one Dr. R. Sekar who treated the claimant was examined as PW-2 and marked 21 documents as Ex.P1 to Ex.P21 on the side of the claimant. On behalf of the respondents, no oral and documentary evidence were let in. 5. The Court below after considering the pleadings, oral and documentary evidence of both sides, awarded a sum of Rs. 4,55,000/- under the following heads: S. No. Particulars Amount 1. Permanent Disability Rs. 60,000/- 2. Pain and Sufferings Rs. 40,000/- 3. Medical expenses Rs. 2,75,000/- 4. Loss of Earning Rs. 75,000/- 5 Extra Nourishment Rs. 5,000/- Total Rs. 4,55,000/- 6. Subsequent to the award, the injured viz. T. Thiagarajan died on 26.03.2004 and hence, the legal heirs of the claimant have filed this Civil Miscellaneous appeal, seeking compensation for a sum of Rs. 20,00,000/-. 7. According to the learned Senior counsel appearing for the appellants, the victim was aged about 33 years at the time of accident and he was working as an Assistant Engineer and was getting a sum of Rs. 10,500/- per month as salary. He was the sole bread winner of the family. Subsequent to the said accident, on 26.03.2004, he died due to the injuries sustained. According to the learned Senior Counsel, the injured underwent series of surgeries and treatment continuously after the discharge from hospital and incurred medical expenses and therefore, sought for compensation under the head “Future medical expenses” and also prayed to enhance the compensation. 8. In support of his submission, he relied upon the following judgments: (1) General Manger, New India Assurance Co. Ltd. Vellore vs. Rajammal and Others, 2018 (1) TNMAC 227 (DB) (2) Managing Director, Tamil Nadu State Transport Corporation vs. C. Kasiraman and Others, 2015 (1) TNMAC 526 (3) The Divisional Manager, New India Assurance Co. Ltd. Madurai vs. Pandiammal and Others, CMA (MD) No. 1775 of 2013 (4) Sarayu and Others vs. Surendra Vithal Nazare, Karnataka and Others, 2011 (2) MLJ 1 (5) New India Assurance Co. Ltd. Madurai vs. Pandiammal and Others, CMA (MD) No. 1775 of 2013 (4) Sarayu and Others vs. Surendra Vithal Nazare, Karnataka and Others, 2011 (2) MLJ 1 (5) New India Assurance Co. Ltd. Chennai vs. R. Vijaya Kumar (Since Died) vs. Kumari and Others, 2014 (2) TNMAC 685 9. The learned counsel for the 3rd respondent-Insurance company strenuously argued that the victim died only after five years of the accident and there is no evidence to establish that he died only due to the injuries sustained by him in the accident and the claim cannot be sustained as if the death was due to the injuries sustained by him. He further added that the Tribunal after considering both the oral and documentary evidence of both sides has awarded just compensation and hence, the well considered award of the Court below needs no interference. In support of his submission, he relied upon the following judgments: (1) C.P. Kandasamy and Others vs. Mariappa Stores and Others, AIR 1974 Mad. 178 (2) M. Veerappa vs. Evelyn Sequeira and Others, (1988) 1 SCC 556 10. Heard the learned Senior counsel appearing for the appellants and the learned counsel for the respondent No. 3/Insurance Company and the learned counsel for R5 to R11/legal heirs of R4 (mother of deceased) and perused the materials available on record. 11. From the materials available on record, it would go to show that this Court on 17.07.2020, has directed the Registry to send the case summary to the Medical Board to submit their Report as to whether the claimant died consequent to the accident suffered by him or not. 12. As per the direction of this Court dated 17.07.2020, Senior Civil Surgeon of the Rajiv Gandhi Government General Hospital has analysed the Medical records of the deceased T. Thiyagarajan and opined as follows: “He had sustained head injury due to Road Traffic Accident in July 1999, for which, he was operated at K.G. Hospital, Coimbatore. He recovered with neurological sequela in the form of Right sided upper and lower limb weakness. He underwent another surgery in Jan 2000 to replace/repair the skull bone defect. He was stable after the procedure and was able to carry out his daily activities with his neurological deficit till March 2004. In March 2004, he developed septicaemia and acute Renal failure due to Acute Gastroenteritis and succumbed due to its complications. He underwent another surgery in Jan 2000 to replace/repair the skull bone defect. He was stable after the procedure and was able to carry out his daily activities with his neurological deficit till March 2004. In March 2004, he developed septicaemia and acute Renal failure due to Acute Gastroenteritis and succumbed due to its complications. The old Head Injury and its sequela did not have any direct correlation to the causation of his death.” From the above Report from the Medical Board, it is crystal clear that the causation of the claimant's death was not due to the injuries sustained in the road accident. 13. Although the injury sustained by the victim was grievous one and he underwent hospitalization for long time, the report from Medical Expert shows that the death was not due to the injuries sustained in the accident. However, by following settled proposition of law, for the medical expenses and mental agony caused to the injured who was victim in the accident, this court feels it appropriate to modify the compensation already awarded by the Tribunal. 14. PW-2 Doctor has assessed the disability of the injured as 40% and the Tribunal has also accepted the said assessment, however, awarded a sum of Rs. 60,000/- as disability compensation, which this Court finds it as not proper and therefore, now Rs. 2,000/- per percentage of disability is fixed and Rs. 80,000/- is awarded under the head “Permanent disability.” 15. The claimant sustained head injury and taken treatment under a specialist of Neuro Physiotherapy and speech therapy; he underwent surgery for tendon transfer, left radial nerve palsy treatment; physiotherapy for right limb and speech therapy. Taking into consideration the above medical treatment, this Court feels it appropriate and reasonable to grant a sum of Rs. 1,00,000/- towards Future Medical Expenses. 16. The Tribunal awarded Rs. 40,000/- towards pain and suffering and Rs. 5,000/- towards Extra Nourishment. After giving due consideration to the nature of injuries sustained by the claimant as well as the period of hospitalization, this Court finds that the above sums are not reasonable. Further, no amount is awarded under the heads “Attender Charges” and “Transportation.” Therefore, the compensation for the above heads is modified/granted as under: Particulars Amount Pain and suffering Rs. 1,00,000/- Extra Nourishment Rs. 15,000/- Attender Charges Rs. 10,000/- Transportation Rs. Further, no amount is awarded under the heads “Attender Charges” and “Transportation.” Therefore, the compensation for the above heads is modified/granted as under: Particulars Amount Pain and suffering Rs. 1,00,000/- Extra Nourishment Rs. 15,000/- Attender Charges Rs. 10,000/- Transportation Rs. 10,000/- Insofar as the compensation granted under other heads are concerned, this court is of the view that the same are just and reasonable and as such, the same stands unaltered. As far as interest portion is concerned, the enhanced award amount will carry interest at the rate of 7.5% per annum. 17. In view of the foregoing discussion, the Award passed by the Tribunal is modified as follows: S. No. Description Amount Awarded by the Tribunal Amount awarded by this Court Award confirmed or enhanced or granted 1. Permanent Disability Rs. 60,000/- Rs. 80,000/- Enhanced 2. Pain and Sufferings Rs. 40,000/- Rs. 1,00,000/- Enhanced 3. Medical expenses Rs. 2,75,000/- Rs. 2,75,000/- Confirmed 4. Loss of Earning Rs. 75,000/- Rs. 75,000/- Confirmed 5. Extra Nourishment Rs. 5,000/- Rs. 15,000/- Enhanced 6 Attender Charges -- Rs. 10,000/- Granted 7 Transportation -- Rs. 10,000/- Granted 8 Future Medical Expenses -- Rs. 1,00,000/- Granted Total Rs. 4,55,000 Rs. 6,65,000 Enhanced by Rs. 2,10,000 18. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs. 4,55,000/- is hereby enhanced to a sum of Rs. 6,65,000/- (Rupees six lakh sixty five thousand only) together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The third respondent/Insurance Company is directed to deposit the enhanced award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the 1st appellant is permitted to withdraw 60% of the enhanced award amount and the 2nd appellant is permitted to permitted to withdraw 40% of the enhanced award amount along with interest and costs. The Award of the Tribunal remains unaltered in other respects. No costs. Consequently connected miscellaneous petition is closed.